Magistrate need not always impose stringent conditions while granting bail

It is duty of the Court to see that condition for grant of bail should not be arbitrary or capricious, it should be just and reasonable. Court it cannot insist the accused to give cash security or to provide local surety. An essential requirement in the imposition of any condition is that it should result in minimum interference with the personal liberty of accused and rights of police to investigate the case. A balance should be maintained between the personal liberty of the accused and investigational right of police. Condition for grant of bail should not be so stringent that amounts to denial of bail leading to denial and deprivation of personal liberty of the accused violating his constitutional right of life.

Offence of cheating was alleged against accused. Magistrate while granting bail to accused, imposed stringent condition of furnishing bank guarantee of 2 lakhs. Accused was only an agriculturist and cannot afford to furnish such huge bank guarantee. The accused released on bail after furnishing bail bond of Rs. 20,000/-.

Conviction under S. 411 IPC for dishonestly receiving stolen property is invalid when the accused persons are acquitted under S. 379 IPC for theft arising from the same transaction.

AIR 2025 SC 3890 : AIROnline 2025 SC 760 Legal principles "In a criminal prosecution, the initial burden is always on the prosecution to discharge.", "Conviction under Section 411 IPC requires that the property is proved to be stolen property.", "If the prosecution fails to establish

Benefit of maternity leave with allowance to Contractual employee

AIROnline 2022 KER 275 An educational society CPAS is an "establishment" under S. 2(1)(b) of Maternity Benefit Act, 1961, as the term covers any establishment under State law, not only commercial entities. Hence MB Act's applicable to contract employees in establishments like CPAS. Further

Legal Principles Regarding First Appeal S. 96 of Civil P C

AIROnline 2025 MAD 723 "Right of first appeal is a substantive, valuable right and not merely procedural.", "Unless expressly excluded by statute, the right of appeal cannot be limited or taken away by subsequent legislation.", "Appeal is a continuation of the suit.", "Judicial

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